John Silvey & Co v. Brown

• Decision Date: 15 November 1911
• Citation: 72 S.E. 907,137 Ga. 104
• Court: Georgia Supreme Court
• Parties: JOHN SILVEY & CO. et al. v. BROWN.

72 S.E. 907

137 Ga. 104

JOHN SILVEY & CO. et al.

v.BROWN.

Supreme Court of Georgia.

Nov. 15, 1911.

(Syllabus by the Court.)

1. Appeal and Error (§ 713^*) — Record — Scope and Contents — Statement of Facts.

An alleged statement of facts not being set forth in the bill of exceptions, nor made a part of the same as an exhibit thereto and properly authenticated, what purports to be an agreed statement of facts, sent up as a part of the record, but not approved by the judge and ordered filed as such, cannot be considered by this court. Robinson v. Woodward, 134 Ga. 777, 68 S. E. 553; Blackman v. Garrett, 135 Ga. 226, 69 S. E. 110.

[Ed. Note.—For other cases, see Appeal and Error, Dec. Dig. § 713.*]

2. Appeal and Error (§ 671*) — Record — Questions Presented for Review.

The errors assigned in the bill of exceptions being such as cannot be determined from the record without a consideration of such alleged agreed statement of facts so sent up, the judgment of the court below must be affirmed. Id.

[Ed. Note.—For other cases, see Appeal and Error, Dec. Dig. § 671.*]

3. Appeal and Error (§ 296^2-*) — Record —

Statutory Provision.

Acts 1911, p. 150, § 3, is applicable, according to its terms, exclusively to motions for a new trial, and is not applicable to this case, wherein there was no motion for a new trial.

[Ed. Note.—For other cases, see Appeal and Error, Dec. Dig, § 296.*]

Error from Superior Court, Lowndes County; J. H. Merrill, Judge.

Action between John Silvey & Co. and others and Jack Brown. From the judgment, Silvey & Co. and others bring error. Affirmed.

W. C. Lane, Jno. R. L. Smith, and Hardeman, Jones, Callaway & Johnston, for plaintiffs in error.

Woodward & Smith, for defendant in error.

FISH, C. J. Judgment affirmed. All the Justices concur, except BECK, J., absent, and HILL, J., not presiding.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes

2-*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes